Henry v. United States

MEMORANDUM AND ORDER

GESELL, District Judge.

The motions for directed verdict in favor of the defendants made at the close of all the evidence were fully argued after the jury,* by a divided vote, failed to agree. See Fed.R.Civ.P. 50(b). The controversy concerns the competency of an insured under a National Service Life Insurance policy to change the named beneficiary (Fulmer) to his estranged wife and court-appointed conservator (Bernice Henry). The motion is granted. Henry failed to meet her burden of proof.

The parties agreed to the following instruction which states the test of competency…